Gujarat High Court
Uday Javahar Kotnis vs State Of Gujarat on 21 May, 2026
NEUTRAL CITATION
R/SCR.A/9696/2023 ORDER DATED: 21/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 9696 of 2023
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UDAY JAVAHAR KOTNIS & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
DR. HIREN S SOMAIYA(8031) for the Applicant(s) No. 1,2,3
HARSH A VYAS(9330) for the Respondent(s) No. 2
MR. MOULESH A VYAS(17275) for the Respondent(s) No. 2
MR. MANAN MAHETA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 21/05/2026
ORAL ORDER
1. By way of filing this application under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, the applicants-
accused have prayed to quash and set aside the FIR being C.R.
No.11215018230003 of 2023 registered with Anand Women
Police Station, Anand, for the offences punishable under
Sections 498(A), 323, 504 and 114 of the Indian Penal Code and
Section 4 of the Dowry Prohibition Act as well as the proceedings
of the Criminal Case No.2942 of 2023 pending before the 4 th
JMFC Court, Anand and all other consequential proceedings
arising pursuant thereto qua the applicants herein.
2. Today, when the matter is called out, the complainant is
present before this Court through video conferencing. Learned
advocate appearing on behalf of the complainant has tendered
the identity proof and affidavit which is ordered to be taken on
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NEUTRAL CITATION
R/SCR.A/9696/2023 ORDER DATED: 21/05/2026
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record.In the affidavit, the complainant has categorically stated
that the dispute with the applicants has been resolved and there
is no ill-will or any grievance amongst them.
3. Considering the issue involved in the present application
as well as considering the fact that the dispute between the
parties has been amicably resolved, with the consent of learned
advocates for the respective parties, the present application is
taken up for final disposal.
4. Rule returnable forthwith. Learned APP Mr. Manan Maheta
waives service of notice of rule for and on behalf of the
respondent No.1 State. Learned advocate Mr. Harsh A. Vyas
waives service of notice of rule for and on behalf of the
respondent No.2- complainant.
5. The complainant, who is present before the Court through
virtual mode, has categorically stated that the dispute has been
amicably resolved with the applicants and she has no objection,
if the FIR as well the proceedings of the criminal case are
quashed. Thus, sending the applicants-accused to face the trial
would be a futile exercise.
6. The relevant paragraphs of the affidavit filed by the
complainant read thus:
“I, PRIYA HARIDAS Age: about 34 years, Occupation:
Entrepreneur Residing at: Flat No K 701 7! FLOOR
Montilla K wing Aldea Espanola Phase, VII MahalungePage 2 of 5
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NEUTRAL CITATIONR/SCR.A/9696/2023 ORDER DATED: 21/05/2026
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Balewadi Pune 411007 state on oath and solemnly
affirms that;
1. I am Respondent No. 2 of the captioned petition. I
am conversant and circumstances with the facts of
the matter and being original complainant, I filed
present affidavit and by depose on affidavit give
unequivocal and unconditional consent to quash
and set aside FIRST INFORMATION REPORT NO.
11215018230003/ 2023 lodge at Anand Women
Police Station dated 6th February 2023 for the
offences punishable under section 498 (A), 323,
504, and 114 of the Indian penal code, 1860 and
u/s 4 of the Dowry Prohibition Act which
culminated into Criminal Case No. 2942 of 2023
pending before the Court of 8th Additional Senior
Civil Judge and Additional Chief Judicial
Magistrate, Anand and next date of hearing is
22/1/2026.
2. That the deponent is original complainant and
petitioners are in-laws of Respondent No. 2 wherein
husband is not before Your Lordship(s).
3. That due to intervention of the eminent people and
friends of the Respondent No. 2 and her Husband
Karan Kotnis parties arrived at amicable settlement
and Karan Kotnis (husband) of the Respondent No.
2 agreed to pay Rupees 30,00,000/- (Thirty Lakhs)
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NEUTRAL CITATION
R/SCR.A/9696/2023 ORDER DATED: 21/05/2026
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to the Respondent No. 2 and Respondent No. 2 and
Karan Kotnis i.e. husband of Respondent No. 2 filed
P.F 1805 of 2025 u/s 13(B) of the Hindu Marriage
Act, 1955.
4. In view of agreement and also described in to the
Divorce Petition file before the Family Court at Pune,
I give my absolute and unconditional consent to
quash above referred case filed by me against my
husband and in-laws i.e. (Petitioners)”
7. Having heard learned counsel appearing for the respective
parties, as well as considering the facts and circumstances
arising out of the present application and also taking into
consideration the decisions rendered in the cases of Gian Singh
Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303,
Madan Mohan Abbot Vs. State of Punjab, reported in (2008) 4
SCC 582, Nikhil Merchant Vs. Central Bureau of
Investigation & Anr., reported in 2009 (1) GLH 31, Manoj
Sharma Vs. State & Ors., reported in 2009 (1) GLH 190 and
Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in
2014 (2) Crime 67 (SC) as well as State of Haryana Vs.
Bhajanlal reported in AIR 1992 SC 604, it appears that
continuing further with the criminal proceedings in relation to
the impugned FIR and criminal case against the applicants-
accused would be an unnecessary harassment to the applicants-
accused. It further appears that the trial would be a futile
exercise and further continuing with the proceedings pursuant
to the impugned FIR Criminal Case would amount to abuse ofPage 4 of 5
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NEUTRAL CITATIONR/SCR.A/9696/2023 ORDER DATED: 21/05/2026
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process of law. Hence, to secure the ends of justice, the
impugned FIR as well as the proceedings of the Criminal Case so
also all other consequential proceedings arising pursuant thereto
are required to be quashed and set aside in exercise of the
powers conferred under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
8. In the result, the application is allowed. The proceedings of
the FIR being C.R. No.11215018230003 of 2023 registered
with Anand Women Police Station, Anand, for the offences
punishable under Sections 498(A), 323, 504 and 114 of the
Indian Penal Code and Section 4 of the Dowry Prohibition Act as
well as the proceedings of the Criminal Case No.2942 of 2023
pending before the 4th JMFC Court, Anand so also all other
consequential proceedings arising out of the aforesaid FIR qua
the applicants are hereby quashed and set aside.
9. Rule is made absolute to the aforesaid extent. Direct
service is permitted.
(VIMAL K. VYAS, J)
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